Michael Wong v. Thomas Chiu, M.D.
Published: May 28, 1994 | Result Date: May 10, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC072067 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Sonia M. Mercado
(Sonia Mercado & Associates)
Defendant
Roy D. Goldstein
(Law Offices of Jamie Skebba)
Experts
Plaintiff
Robert Uyeda
(medical)
Defendant
Stuart E. Levin
(medical)
Facts
On July 6, 1992, Plaintiff Michael Wong, a 53-year-old unemployed cook, was referred by his family practitioner Dr. Benjamin Wong to a radiologist for a barium enema. During the course of the barium enema, Plaintiff sustained an extraperitoneal perforation of his rectum. The radiologist referred Plaintiff back to Dr. Benjamin Wong. Dr. Wong referred Plaintiff to Defendant Thomas Chiu, M.D., a board certified colon and rectal surgeon. Defendant Dr. Chiu performed a sigmoidoscopy and confirmed that the rectum was perforated; he recommended hospitalization at a nearby private hospital. Plaintiff refused stating that he neither had the insurance nor sufficient cash to pay for hospitalization. The parties disagree as to whether Dr. Chiu referred Plaintiff to County USC Medical Center. Defendant prescribed a mild antibiotic and told Plaintiff to go to the county hospital emergency room, if his pain persisted. Plaintiff presented at the county hospital emergency room approximately 9 1/2 hours after seeing Dr. Chiu. Colostomy and sacral drainage surgery eventually were performed (at the county hospital). Plaintiff was readmitted three subsequent times to the hospital for small-bowel obstructions; the colostomy was taken down on September 8, 1992.
Settlement Discussions
Defendant contends he made no offers and Plaintiff demanded $136,000.
Specials in Evidence
$110,000 $5,000 $28,800 $10,000
Damages
Plaintiff asked the jury for a total of $450,000.
Injuries
Perforated rectum requiring colostomy; impotence due to psychological stress requiring ongoing counseling; residual pain and discomfort.
Deliberation
1.15 minutes
Poll
10-0 (2 abstentions)
Length
8 days
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